PROPRIETARY RIGHTS
You acknowledge and agree that (a) all Content is the copyrighted work of ABC or its third party content suppliers and is protected by copyright laws, (b) abc’s name, the domains www.gowithabc.com and www.americasbestcompanies.com, the logos, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of ABC (collectively, "Marks"), and (c) all other trademarks, product names, company names or logos on the Site are the property of their respective owners. In addition to agreeing to comply with all applicable laws, you agree you will not use any such Content or Marks from this Site for any purpose without the appropriate prior written authorization.
This Site does not claim any ownership in any photographs, images, video, works of authorship, or other materials, including biographical, photographic and other information identifying you (“Submission”) submitted by you. By submitting a Submission to this Site, you grant abc a perpetual, nonexclusive, worldwide license to use, modify, publicly perform, publicly display, reproduce and distribute such Submission as reasonably necessary in the ordinary course of running and marketing abc. You hereby acknowledge and fully understand that the grant of rights extended to ABC and the Site by you includes the right to use and to re-use the Submission, in whole or in part, and to authorize others to use and to re-use the submission, an unlimited number of times without compensation to, or approval by, you. Such use may include, but is not limited to, editorial, entertainment, advertising, exhibition, promotion, cross-promotion, sales, leasing, rental, merchandising and trade purposes.
You represent and warrant that all Submissions you provide to abc are exclusively owned by you and do not infringe on any person’s intellectual property rights (including, but not limited to copyrights, trademarks, service marks, or any other proprietary, publicity, or privacy rights).
ARBITRATION
You understand and agree that all claims, disputes or controversies between you and ABC, and its parent, affiliates, subsidiaries or related companies, including but not limited to tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, and the issue of arbitrability, shall be resolved by final and binding arbitration at a location determined by the arbitrator (who shall be selected by ABC). Any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by the court. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the Federal Arbitration Act (“FAA”). Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.
MODIFICATION OF SITE
ABC may, at its discretion, modify or discontinue any of the Content or a portion thereof, with or without notice. You agree that ABC will not be liable to you or any third party for any modification or discontinuance of any of the Content.